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Environmental, Health and Safety Compliance News

The US Environmental Protection Agency (EPA) and Army Corps of Engineers are set to roll back the regulatory definition of "waters of the United States"...

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The Florida legislature has now codified the Public Notice of Pollution requirements at Section 403.077, Florida Statutes, effective July 1, 2017. The statutory requirement addresses what were the two issues of contention raised in the emergency rule: What is "pollution" and what are the threshold amounts that trigger the notification requirements?

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The Court of Appeals for the DC Circuit has vacated provisions of EPA's 2015 Definition of Solid Waste Rule which addressed recycling of hazardous secondary materials (i.e., spent materials, byproducts and sludges). The court's majority took issue with (1) one of four tests to demonstrate that recycling by or under the control of the generator was legitimate, and not a "sham" effort to disguise disposal, and (2) the "Verified Recycler Exclusion", which excluded recyclable secondary materials from the definition of solid waste and therefore from regulation as hazardous waste, provided that the recycling facility has a hazardous waste facility permit or a variance from permit requirements granted by EPA or the State.

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